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HomeMy WebLinkAboutZ-9672 BOD Staff Report - June 21st Appeal 090722OFFICE OF THE CITY MANAGER LITTLE ROCK, ARKANSAS BOARD OF DIRECTORS COMMUNICATION JUNE 21, 2022 AGENDA Subject A Resolution to set the date of public hearing for July 5, 2022, on an appeal of the Planning Commission's recommendation of denial for a Planned Zoning District titled CozySpot Rentals — Short -Term Rental — PD-C, located at 319 N. Summit Street (Z-9672). Submitted by: Department of Planning and Development SYNOPSIS FISCAL IMPACT Action Required Ordinance 4Resolution Approval Information Report Approved By Bruce Moore City Manager The applicant, Ashish Tikotekar, is appealing the Planning Commission's recommendation of denial of the CozySpot Rentals — Short -Term Rental — PD-C, located at 319 N. Summit Street (Z-9672). I None RECOMMENDATION I Approval of the Resolution to set the public hearing. 1 2 RESOLUTION NO. 3 A RESOLUTION TO SET JULY 5, 2022 AS THE DATE OF 4 HEARING ON THE APPEAL OF THE PLANNING 5 COMMISSION'S RECOMMENDATION OF DENIAL FOR A 6 PLANNED ZONING DISTRICT TITLED COZYSPOT RENTALS 7 — SHORT-TERM RENTAL — PD-C, LOCATED AT 319 N. 8 SUMMIT STREET (Z-9672) IN THE CITY OF LITTLE ROCK, 9 ARKANSAS; AND FOR OTHER PURPOSES. 10 11 WHEREAS, a notice of appeal has been filed as a result of the action of the Little 12 Rock Planning Commission's recommendation of denial for a Planned Zoning District titled, 13 CozySpot Rentals — Short -Term Rental — PD-C, located at 319 N. Summit Street, in the City 14 of Little Rock, Arkansas. 15 16 NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF DIRECTORS 17 OF THE CITY OF LITTLE ROCK, ARKANSAS: 18 19 Section 1. The hearing on the notice of appeal of the denial for Planned Zoning District 20 titled CozySpot Rentals — Short -Term Rental — PD-C, located at 319 N. Summit Street, shall 21 be held at a meeting of the Board of Directors of the City of Little Rock, Arkansas, in the 22 Centre at University Park, 6401 West 12th Street, Little Rock, Arkansas at six o'clock on the 23 5th day of July 2022. W 25 Section 2. The City Clerk is hereby directed to give notice of such hearing in the 26 manner prescribed by law by publication once a week for two (2) consecutive weeks in a 27 newspaper published in Pulaski County, Arkansas, and having a general circulation in the City 28 of Little Rock. 29 30 31 I ADOPTED: 2 3 ATTEST: 4 5 6 APPROVED: 7 Susan Langley, City Clerk Frank Scott, Jr., Mayor 9 APPROVED AS TO LEGAL FORM: 10 11 12 13 Thomas M. Carpenter, City Attorney 14 15 // OFFICE OF THE CITY MANAGER LITTLE ROCK, ARKANSAS BOARD OF DIRECTORS COMMUNICATION AUGUST 2, 2022 AGENDA Subject An Appeal of the Planning Commission's denial of a Planned Zoning District titled CozySpot Rentals — Short -Term Rental — PD-C, located at 319 N. Summit Street (Z-9672). Submitted by: Department of Planning and Development SYNOPSIS FISCAL IMPACT RECOMMENDATION BACKGROUND Action Required Ordinance Resolution Approval Information Report Approved By Bruce Moore City Manager The applicant, Ashish Tikotekar, is appealing the Planning Commission's recommendation of denial of the CozySpot Rentals — Short -Term Rental — PD-C, located at 319 N. Summit Street (Z-9672). None The Planning Commission recommends denial of the requested PD-C zoning. Staff recommends approval of the requested PD-C zoning. The applicant proposes to rezone the 0.16 acre property located at 319 N. Summit Street from R-3 to PD-C to allow for the use of the property as a short-term rental. The owner will not reside at the residence. The applicant notes the entire residence will be rented for a minimum of two (2) nights not to exceed a period of fourteen (14) days. Three (3) additional residential buildings similar in construction type and style are located adjacent to the proposed short-term rental to the south and one (1) to the north. To the west are traditional wood -framed residential BACKGROUND CONTINUED structures. A severe slope exists in the rear of the property (east) which overlooks the Arkansas Diver and the Episcopal Collegiate School campus along Cantrell Road. Access to the property is provided from concrete driveway along N. Summit Street. The applicant notes there is parking for two (2) vehicles in the driveway. Section 36-502 of the City's zoning Ordinance requires one (1) parking space per dwelling unit. Staff believes the parking is sufficient for this use. The applicant provided the following additional information: 1. No parties or large gatherings (we will have a sound monitor alarm, ring door bell -like camera to ensure compliance). 2. Since it is a three (3) bedroom home, we will permit a total of six (6) guest from the same family such as kids to stay with the adults. 3. Compliance with all the "proposed City regulations" current and future. 4. Compliance with all the regulations on Airbnb and VRBO. The applicant is not proposing any signage at this time. Any future signage must comply with Section 36-551 of the City's Zoning Ordinance (signs permitted in residential zones). The applicant is not proposing to install additional lighting at this time. Any site fighting shall be low-level and directed away from adjacent properties. The applicant provided responses and additional information to all issues raised during staff s review of the application. The applicant is requesting no variances with the PD-C zoning. On April 14, 2022, the Planning Commission voted 4 ayes, 4 noes, 0 absent, 2 recusals (Brooks and McDonald) and 1 open position, to recommend denial of the PCD. There was one (1) registered objector present. 2 All owners of property located within 200 feet of the site and all neighborhood associations registered with The City of Little Rock were notified of the public hearing. Please see the attached Planning Commission minute record for the complete staff analysis. 3 I 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 ORDINANCE NO. AN ORDINANCE APPROVING A PLANNED ZONING DEVELOPMENT AND ESTABLISHING A PLANNED DISTRICT — COMMERCIAL TITLED COZYSPOT RENTALS — SHORT- TERM RENTAL — PD-C, LOCATED AT 319 N. SUMMIT STREET (Z-9672), CITY OF LITTLE ROCK, PULASKI COUNTY, ARKANSAS, AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF LITTLE ROCK; AND FOR OTHER PURPOSES. BE IT ORDAINED BY THE BOARD OF DIRECTORS OF THE CITY OF LITTLE ROCK, ARKANSAS. SECTION 1. That the zoning classification of the following described property be changed from R-3, Single Family Residential District, to PD-C, Planned District — Commercial: Z-9672 — Described as Lot 5, Block 3, Virginia Heights Addition to the City of Little Rock, Pulaski County, Arkansas. SECTION 2. That the preliminary site development plan/plat be approved as recommended to the Little Rock Planning Commission. SECTION 3. That the change in zoning classification contemplated for CozySpot Rentals — Short -Term Rental — PD-C, located at 319 N. Summit Street (Z-9672) is conditioned upon obtaining final plan approval within the time specified by Chapter 36, Article VII, Section 36-454 (e) of the Code of Ordinances. SECTION 4. That this Ordinance shall not take effect and be in full force until the final plan approval. Page 1 of 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 SECTION 5. That the map referred to in Chapter 36 of the Code of Ordinances of the City of Little Rock, Arkansas, and designated district map be and is hereby amended to the extent and in the respects necessary to affect and designate the change provided for in Section 1 hereof. SECTION 6. Severability. In the event any title, section, paragraph, item, sentence, clause, phrase, or word of this ordinance is declared or adjudged to be invalid or unconstitutional, such declaration or adjudication shall not affect the remaining portions of the ordinance which shall remain in full force and effect as if the portion so declared or adjudged invalid or unconstitutional was not originally a part of the ordinance. SECTION 7. Repealed All laws, ordinances, resolutions, or parts of the same that are inconsistent with the provisions of this ordinance are hereby repealed to the extent of such inconsistency. PASSED: ATTEST: City Clerk APPROVED AS TO FORM: 28 City Attorney 29 30 31 // APPROVED: Mayor Page 2 of 2 LE NO.: Z NAME: CozySpot Rentals — Short -Term Rental — PD-C LOCATION: 319 N. Summit Street DEVELOPER: Ashish Tikotekar 117 Ensbury Drive Little Rock, AR 72223 OWNER/AUTHORIZED AGENT: Ashish Tikotekar 117 Ensbury Drive Little Rock, AR 72223 SURVEYORIENGINEER: Brooks Surveying 20820 Arch Street Pike Hensley, AR 72065 AREA: 0.16 acre WARD: 3 CURRENT ZONING NUMBER OF LOTS: 1 PLANNING DISTRICT: 4 R-3 (Single-family District) VARIANCEIWAIVERS: None requested. A. PROPOSAL/REQUEST/APPLICANT'S STATEMENT: FT. NEW STREET: 0 LF CENSUS TRACT: 15.02 The applicant proposes to rezone the 0.16 acre property located at 319 N. Summit Street from R-3 to PD-C to allow for the use of the property as a short-term rental. The owner does not reside at the residence. The entire residence will be rented for a minimum of two (2) nights not to exceed a period of fourteen (14) days. FILE NO.: Z-9672 Cont. B. EXISTING CONDITIONS: The property is a 7,000 square foot lot zoned R-3 with an existing 1,686 square foot two-story residence located in the Virginia Heights Subdivision. The residence is framed with modern building materials and has a driveway extending from N. Summit Street. C. NEIGHBORHOOD NOTIFICATIONS: All owners of property located within 200 feet of the site and all neighborhood associations registered with the City of Little Rock were notified of the public hearing. D. ENGINEERING COMMENTS: No comments. E. UTILITIES/FIRE DEPARTMENT/PARKS/COUNTY PLANNING: Little Rock Water Reclamation Authority: No comments received. Entergy: No comments received. Summit Energy: No comments. AT & T: No comments received. Central Arkansas Water: No comments received. Fire Department: Maintain Access: Fire Hydrants. Maintain fire apparatus access roads at fire hydrant locations as per Appendix D of the 2012 Arkansas Fire Prevention Code Vol. 1 Section D103.1 Access road width with a hydrant. Where a fire hydrant is located on a fire apparatus access road, the minimum road width shall be 26 feet, exclusive of shoulders. Grade Maintain fire apparatus access roads as per Appendix D of the 2012 Arkansas Fire Prevention Code Vol. 1 Section D103.2 Grade. Fire apparatus access roads shall not exceed 10 percent in grade except as approved by the fire chief. If the grade exceeds 10 percent, approval will be denied and the applicant must submit request to be reviewed by Fire Chief for Approval. FILE NO.: Z-9672 Cont. Loadin Maintain fire apparatus access road design as per Appendix D of the 2012 Arkansas Fire Prevention Code Vol. 1 Section D102.1 Access and loading. Facilities, buildings or portions of buildings hereafter constructed shall be accessible to fire department apparatus by way of an approved fire apparatus access road with an asphalt, concrete or other approved driving surface capable of supporting the imposed load of fire apparatus weighing at least 75,000 pounds. One- or Two -Family Residential Developments. As per Appendix D, Section D107.1 of the Arkansas Fire Prevention Code Vol.1, One- or Two -Family dwelling residential developments. Developments of one- or two-family dwellings where the number of dwelling units exceeds 30 shall be provided with two separate and approved fire apparatus access roads, and shall meet the requirements of Section D104.3. Exceptions: Where there are more than 30 dwelling units on a single public or private fire apparatus access road and al dwelling units are equipped throughout with an approved automatic sprinkler system in accordance with Section 903.3.1.1, 903.3.1.2 or 903.3.1.3 of the Arkansas Fire Code, access from two directions shall not be required. 2. The number of dwelling units on a single fire apparatus access road shall not be increased unless fire apparatus access roads will connect with future development, as determined by the fire code official. Fire Hydrants Locate Fire Hydrants as per Appendix C of the 2012 Arkansas Fire Prevention Code. Section C101 — C105, in conjunction with Central Arkansas Water (Daniel Tull 501-377-1245) and the Little Rock Fire Marshal's Office (Capt. Tony Rhodes 501-918-3757, or Fire Marshal Derek N. Ingram 501-918-3756 Number and Distribution of Fire Hydrants as per Table C105.1. Parks and Recreation: No comments received. County Planning: No comments. F. BUILDING CODES/LANDSCAPE: Building Code: No comments received. Landscape: No comments. �3 FILE NO.: 7-9672 (Cont.) G. TRANSPORTATION/PLANNING: Rock Region Metro: No comments. Planning Division: The request is in the Heights Hillcrest Planning District. The Land Use Plan shows Residential Low Density (RL) for the requested area. The Residential Low Density (RL) category provides for single family homes at densities not to exceed 6 dwelling units per acre. Such residential development is typically characterized by conventional single-family homes but may also include patio or garden homes and cluster homes, provided that the density remains less than 6 units per acre. The application is to rezone from Single Family District (R-3) to a Planned Commercial Development (PCD) to allow for the use of this property as a short-term rental with the owner not living on site. Surrounding the application area, the Land Use Plan shows Residential Low Density (RL) in the immediate surroundings, with single-family dwellings on individual tracts. To the east and north of this neighborhood shows Service Trade District (STD). The Service Trade District (STD) category provides for a selection of office, warehousing, and industrial park activities that primarily serve other office service or industrial businesses. The district is intended to allow support services to these businesses and to provide for uses with an office component. The Land Use Plan shows Residential Medium Density (RM) to the southeast, Residential High Density (RH) to the south, Commercial (C) to the southwest, and Public/Institutional (PI) to the west. The Residential Medium Density (RM) category accommodates a broad range of housing types including single family attached, single family detached, duplex, town homes, multi -family and patio or garden homes. Any combination of these and possibly other housing types may fall in this category provided that the density is between six (6) and twelve (12) dwelling units per acre. The Commercial (C) category includes a broad range of retail and wholesale sales of products, personal and professional services, and general business activities. Commercial activities vary in type and scale, depending on the trade area that they serve. The Public/Institutional (PI) category includes public and quasi -public facilities that provide a variety of services to the community such as schools, libraries, fire stations, churches, utility substations, and hospitals. The land surrounding the applicant area is zoned Single Family (R-3) with scatterings of tracts zoned Single Family (R4 & R5) and Quiet Office District (0-1) around. The Arkansas School for the Blind and Visually Impaired and Arkansas School for the Deaf campuses are located just west of the applicant neighborhood. The application site is zoned Single Family District (R-3) and is an existing single- family dwelling. n FILE NO.: Z-9672 Cont. Master Street Plan: To the east is North Summit Street and it is a Local Street on the Master Plan. The primary function of Local Streets is to provide access to adjacent properties. Local Streets that are abutted by non-residential zoning/use or more intensive zoning than duplexes are considered as "Commercial Streets". This street may require dedication of right-of-way and may require street improvements for entrances and exits to the site. Bicycle Plan: There are no existing or proposed bike routes adjacent to or through this land. Historic Preservation Plan: Directly across the street to the west begins the Capitol View Historic District. The Capitol View Neighborhood Historic District is a residential area situated in the hills west and north of the Arkansas State Capitol with a period of significance of 1900-1950. There are no existing historic sites on the applicant land. H. ANALYSIS: The applicant proposes to rezone the 0.16 acre property located at 319 N. Summit Street from R-3 to PD-C to allow for the use of the property as a short-term rental. The owner will not reside at the residence. The applicant notes the entire residence will be rented for a minimum of two (2) nights not to exceed a period of fourteen (14) days. Three (3) additional residential buildings similar in construction type and style are located adjacent to the proposed short-term rental to the south and one (1) to the north. To the west are traditional wood -framed residential structures. A severe slope exists in the rear of the property (east) which overlooks the Arkansas River and the Episcopal Collegiate School campus along Cantrell Road. Access to the property is provided from concrete driveway along N. Summit Street. The applicant notes there is parking for two (2) vehicles in the driveway. Section 36-502 of the City's zoning Ordinance requires one (1) parking space per dwelling unit. Staff believes the parking is sufficient for this use. The applicant provided the following additional information: 1. No parties or large gatherings (we will have a sound monitor alarm, ring door bell -like camera to ensure compliance). 2. Since it is a three (3) bedroom home, we will permit a total of six (6) guest from the same family such as kids to stay with the adults. 3. Compliance with all the "proposed City regulations" current and future. 4. Compliance with all the regulations on Airbnb and VRBO. 5 FILE NO.: Z-9672 The applicant is not proposing any signage at this time. Any future signage must comply with Section 36-551 of the City's Zoning Ordinance (signs permitted in residential zones). The applicant is not proposing to install additional lighting at this time. Any site lighting shall be low-level and directed away from adjacent properties. The applicant provided responses and additional information to all issues raised during staffs review of the application. The applicant is requesting no variances with the PD-C zoning. Staff supports the requested PD-C zoning to allow a short-term rental at 319 N. Summit Street. Staff views the request as reasonable. To staff's knowledge there are no outstanding issues associated with this application. Staff feels the minor increase in traffic will not have an adverse impact within the area. Staff feels that this is a good location for a short-term rental and the short-term rental will not be out of character within the overall area. STAFF RECOMMENDATION: Staff recommends approval of the requested PD-C zoning to allow a short-term rental subject to compliance with the comments and conditions outlined in paragraph E, and the staff analysis, of the agenda staff report. PLANNING COMMISSION ACTION: (APRIL 14, 2022) Ash Tikotekar was present via WebEx, representing the application. There was one (1) objector present in -person. Staff presented the application with a recommendation of approval. Ash Tikotekar addressed the Commission. He briefly described his intent and desired use of the property as a short-term rental for medical students, staff and patient families for local hospitals. He stated that he was proposing to screen all the applicants and verify that they were either working or had family staying at a local hospital. He did not believe the rental would have any negative impact on the surrounding properties. Clayton Kauppila addressed the commission. He stated that he owned the property at 321 Summit Street and did not receive any notification that this property was being considered by the commission. He stated that the area was not burdened by increased vehicle traffic and transient foot traffic would have a severely negative impact on the area. Ash Tikotekar addressed the commission stating that the rentals will be limited to a two (2) night minimum and that only single family members will be allowed. 1.1 FILE NO.: Z-9672 Cont. There was a discussion between the commission, the staff, and applicant regarding contact with the neighboring property owners, short term rentals impact on the area, and how parking will be addressed on the property. There was a motion to approve the application. The vote was 4 ayes, 4 nays, 2 recusals by (Brooks and McDonald), and 1 open position. The application was denied. 7